Professional Documents
Culture Documents
enters the Competition under a false name and/or from more than one country and/or on behalf
of other participants,
refuses to allow the Organising Company to verify the information he or she provides, in particular
information regarding his/her age and address;
provides false information, whether deliberately or otherwise, when entering the Competition,
disrupts the smooth running of the Competition, in particular through misconduct or attempted
fraud,
restricts or obstructs in any way whatsoever the transfer of rights indicated in these rules,
refuses to accept these rules, whether partially or in total
shall be excluded from the Competition and shall not be entitled, in the case of a winning entry, to
receive the corresponding prize(s).
behave in a fair and proper manner towards the Organising Company, all companies having
participated directly or indirectly in organising the Competition and third parties;
refrain from submitting creations (i) that infringe the intellectual property rights of third parties,
constitute acts of parasitism, counterfeit or unfair competition against other pre-existing works,
brands, designs or models, third party copyrights on images or respect of privacy, or (ii) that
infringe the laws and regulations in force (in particular with regard to the advertising of alcohol
in the Territory), public order or acceptable morals and behaviour, in particular with content that
is fraudulent, encourages the consumption of alcohol or that is defamatory or injurious or that
constitutes discrimination, incitement to hatred or violence, invasion of privacy or the placing of
minors in danger;
respect their general obligation to courtesy and therefore to refrain from posting objectionable
or offensive creations or content.
access the Site between 15 October 2014 and 21:00 of 15 November 2014;
certify that they are at least 18 years old or older by ticking the relevant box;
create an account with the following compulsory information: surname, first name, CPF
number, age, postal address, telephone number with area code, city, country, email address
and password; The Competition admits only 1 (one) entry per individual and corresponding
CPF.
download the creation kit including the mailbox template/model, the brand logo and the
following creation rules:
using the Veuve Clicquot brand logo without modifying it in any way (size and
placement discretionary)
submit an original creation (hereinafter the "Creation") before 21:00 of 15 November 2014.
The National Jurys decision is final. No appeals are permitted and no correspondence will be entered into.
3.1.6. Determination of and information about the national winners
Subject to having correctly fulfilled the conditions indicated in Articles 2 and 3 above, the two (2) national
winners will be:
The participant designer of the Creation who will have won the most votes from the public
during the period from 16 November 2014 to 21:00 of 15 December 2014 and who therefore wins
the public prize. In the case of a tie, a random draw will be made by a court bailiff or by a member
of the Organising Company from among the Creations having obtained the same number of votes.
The participant declared National Winner by the National Jury, which will be announced on on
16 December 2014 on the site of the contest. In case the winner of the National Jury is the same
as of the public, automatically the runner-up of the National Jury will be named winner of the
National Jury.
From 16 December 2014, the winners will receive an email from the Organising Company informing them
of their selection for Phase 2 and asking them to submit a photocopy of both side of their identity
document and a proof of residential address by email. The Organising Company will then contact the
winners to organise the trip to Reims. All information transmitted will be treated as strictly confidential. If
the winners do not send the documents requested before 31 December 2014 or if they do not reply within
ten (10) calendar days to emails sent to organise the trip, they will forfeit their eligibility for prizes. In this
case, the prizes will be awarded to the runners-up.
The runner-up will be the second participant who, depending on the case, will have won the most votes
from the public or who will came second following the choice of the National Jury.
In the case where a runner-up will be designated, he/she will be informed and will have to submit all the
documents requested by the Organising Company, following the same methods and under the same timing
conditions than what is stipulated above.
The two (2) national winners from each of the nine (9) countries participating in the Competition will
proceed to Phase 2. They will then be collectively called the "National Winners and will receive vouchers
for round trip plane ticket to Paris and will be entitled to attend an event at the Maison Veuve Clicquots
Htel du Marc in Reims in France on April 9, 2015.
Article 5: PRIZES
It is specified that the prizes consist solely in the description thereof in Article 5, for the whole Competition.
They must be accepted as they are offered and cannot be disputed, exchanged or be subject to any
financial claims in any way and under any circumstances whatsoever.
5.1. Prizes and Prizes Delivery for the National Winners in Phase 1
Each of the National Winners in Phase 1 will receive:
A trip for (1) one person, from 08 April 2015 to 10 April 2015, including:
QUANT.
DESCRIPTION
SINGLE
INDICATIVE
VALUE
FOR EACH
PACKAGE (BRL)
TOTAL
INDICATIVE
VALUE (BRL)
02
9.799,00
19.598,00
19.598,00
As the total price of the prize per winner is BRL 9.799,00, the total value of the prize for the two winners is
estimated at BRL 19.598,00.
Any other costs not specifically mentioned above are the sole responsibility of the winner.
A note with picture on wallpaper.com
The prizes described above are per winner.
Non-winners will not receive any message to this effect.
The winner, at no charge, will receive the travel package prize by commitment letter, as of April 1, 2015,
during regular business hours.
According to the Art. 6 of Decree n70.951/72, if the winner does not claim the prize for a period of 180
days from the date of the counting of the votes of the commercial promotion, the right to the prize will
lapse and the corresponding value will be taken to the National Treasury, as Federal Government revenue,
within 10 days.
an invitation to the Milan Design Week that will take place from 14 to 19 April 2015;
a return air ticket Paris-Milan in economy class for an indicative unit value of three thousand and
thirty eight Brazilian Real (BRL 3.038);
one night in a three star hotel minimum in a double room with breakfast included, for an indicative
unit value of one thousand and fifty eight Brazilian Real (BRL 1.058);
display of the winner's Creation at the Milan Design Week;
publication of the winner's portrait in the magazine Wallpaper* (in hard copy) and on the
magazine's website;
a cash prize of the equivalent in Brazilian Real of ten thousand euros (indicative value of thirty
thousand three hundred eighty Brazilian Real (BRL 30.380) as of the date of publication of the
Contest rules and subject to currency variation) ;
publication of the winner's Creation in limited edition (at least thirty thousand (30.000) copies) to
accompany the marketing of Veuve Clicquot products throughout the world.
The rules for Phase 2 International are available in the site of the Competition.
Article 6: INTELLECTUAL PROPERTY AND AUTHORISATIONS
6.1. Participants in the Competition
Simply by entering the Competition, all participants shall automatically transfer to the Organising Company,
that hereby accepts, in advance, free of charge and for the whole world, the right to reproduce, represent,
publish and communicate to the public their Creations on the Site throughout the Competition period, as
well as on its institutional site and social network pages, for the legal duration of protection of the rights
transferred.
Moreover, all participants in the Competition authorise the Organising Company to make reference to their
first and last names, countries and municipal areas for their Creations.
All participants in the Competition undertake to refrain from reproducing or representing or publishing or
communicating to the public their Creations (or permitting any other person to do so) outside of their inner
family circle and for a private use, unless with the express prior written consent of the Organising
Company.
The Organising Company shall remain the owner of all its intellectual property rights, in particular its
brands, logos, forms and designs of mailboxes, and the rights on the kit submitted to the participants
within the context of the Competition. No rights of any nature shall be granted to the Competition
participants.
With the exception of the National Winners, the Top Winner and the case mentioned in Article 6.3 herein,
participants in the Competition shall remain the owners of the designs, models and decor on their
Creations and shall be free to exploit, reproduce or represent, in any way whatsoever, their logos and
brands, provided that these do not include the logos and brands under the intellectual property rights
belonging to the Organising Company.
6.2. National Winners and Top Winner
6.2.1. Authorisation of image rights
Simply by entering the Competition, the National Winners and Top Winner authorise the Organising
Company and any of its partners, in particular the magazine Wallpaper, in advance, free of charge and for
the whole world, to exploit under any form whatsoever and for any types of consumers, for commercial,
advertising or public relations, press, publication or advertising communication statements of any kind
linked to the Competition, its written or verbal declarations concerning their Creations and their prizes, as
well as their identities (first and last names and country and municipal area of residence), their
presentations, images, as well as their Creations downloaded for the purposes of the Competition, for a
period of twenty-four (24) months from completion of Phase 1 or Phase 2, depending on the winner's
category, without such use giving rise to any claim for remuneration, entitlements or other benefits.
The first and last names, place of residence (municipality and country) and the presentations and images of
the winners and their Creations may thus be reproduced under any form whatsoever, on the following
supports:
Multimedia: any method of exploitation on the Internet, including all free or pay per use
sites, in particular the Organising Company's sites social networks and video sharing,
however these are received, and on all new technologies, mobile phones, smartphone
applications, CD Rom/DVDs;
The written press and editorial content of newspapers and magazines, as well as the
Internet sites for these publications, and in particular www.wallpaper.com;
Press dossiers usually compiled for the professional press;
Internal and institutional communications;
Points of sale;
Exploitation on all known and as yet unknown supports within a cultural, pedagogic or
historical context (historical reviews/articles, retrospectives, teaching materials,
conference and seminar materials, etc.), archives and internal uses.
This authorisation entails an express waiver on the part of the winners of taking any action or making any
future claims regarding the use of their first or last name, Territory, presentation, image or Creation.
This authorisation is valid both towards the Organising Company and the companies LVMH and Mot
Hennessy of which the Organising Company is a subsidiary, and their sister companies and distributors.
(ii) The Assignors shall consequently transfer to the Organising Company the exclusive right to file any
intellectual property rights to protect the Creation or apply for the registration of any design,
model or brand pertaining to the Creation (including any severable element thereof), anywhere in
the world and in its own name or the name of a company belonging to the same group.
(iii) The Organising Company shall be the sole beneficiary of all the intellectual property rights and
other associated rights that may thus be issued or transferred and shall be entitled to dispose of
them as it sees fit.
The Organising Company shall thus become the sole proprietor of the exploitation rights and shall enjoy
exclusive use of the Creation. The Organising Company shall be free to reproduce, represent, distribute or
adapt the Creation, either on its own behalf or through a service provider and/or partner of its choosing,
and to transfer the rights of exploitation of the Creations to third parties, or to dispose thereof as it sees fit,
and to take action against any fraudulent use of such rights, even for actions committed before transfer of
the rights to the Organising Company.
(iv) it is stipulated that the transferred rights include notably but not exclusively:
the right to reproduce, to have reproduced or to authorise a third party to reproduce the
Creation without limit to the number of copies concerned, in total or in part, by any means
or process, on any support and any materials, current or future, known or unknown, and in
particular on paper or paper-derived, plastic, metal, optical, digital, magnetic, electronic or
IT supports, through downloading, video, CD-Rom, CI-I, DVD, disc, mini disc, network, etc.;
the right to represent, have represented or authorise a third party to represent the
Creation by any means of broadcasting or communication, current or future, known or
unknown, and in particular through public display, for example at the Milan Design Week,
through telecommunications networks and on-line electronic communications, such as
Internet, intranet, digital television networks, transmission by Hertzian channels, satellite,
cable, WAP, interactive telematic systems, downloading, broadcasting, telephony networks
cordless or otherwise, for the general public or for certain categories of the public;
the right to adapt, have adapted or authorise a third party to adapt, make any
modifications, develop, transform, modify, touch up or colour the Creations, in total or in
part, to integrate all or part of the Creations with or within existing or future works, on
paper, plastic, metal, magnetic, digital or optical supports, in particular on the Internet, on
disks, mini disks, bands, CD-Rom or listings; it is specified that, due to its destination, the
Creations may be modified, varied or broken down regularly, depending on the Organising
Company's evolving marketing needs and in response to action carried out by its
competitors. Under the right of adaptation thus transferred to it, the Organising Company
may modify, or have modified by a third party of its choosing, all or part of the Creations in
order to update them, extend or restructure its ranges, etc.
the right to market, distribute, have distributed or authorise a third party to distribute, sell
or broadcast the Creations, including for purposes of rental, loan or sale, licence or sublicence, against payment or free of charge, entirely or in part, and on any support for any
consumers and without limitation;
the right to make any use of the Creation and exploit it in any way, for the needs of its own
activities or for the benefit of third parties, under any conditions whatsoever;
the right to transfer all or part of the rights transferred, permanently or temporarily, and
to grant any third party a contract for the reproduction, distribution, broadcasting,
marketing, manufacturing, transfer, licensing or any other kind of contract, under any
form, support or means whatsoever, against payment or free of charge;
(v) In view of the end purpose of the Creations and the technical and routine constraints pertaining
thereto, the Assignor acknowledges and agrees that its name shall not appear on the exploitation
supports for the Creation.
(vi) This transfer of rights is applicable worldwide for the entire duration of the legal protection
period for intellectual property rights.
(vii) No restriction on this transfer shall be granted by the Organising Company, the entire transfer of
rights as defined above being a condition precedent for the declaration of the winners.
6.2.3. Guarantee
The Assignors declare:
that the Creations are original works and undertake to refrain in future from creating
works using the essential characteristics of the Creations. They guarantee that the
Creations are not fraudulent and that these transfers do not infringe any rights of third
parties.
that they are the sole owners of all of the intellectual property rights pertaining to the
Creations and that they are the sole owners of all of the material supports of the Creations.
that there are not disputes, to date, regarding the ownership of the tangible and intangible
elements of the Creations and that they have peacefully disposed of their ownership up to
the date hereof.
The Assignors consequently guarantee that the Organising Company shall enjoy free and peaceful
exploitation of the Creation and discharge the Organising Company from any action, court proceeding or
claim of fraud, imitation, or other claims from any person invoking intellectual or industrial property rights
on the Creations, or any infringement of fair competition and/or parasitic laws or regulations that the
Creations are claimed to have perpetrated, consequently assuming full liability for any claims or prejudicial
consequences that may result therefrom (including direct and indirect, tangible and intangible damages,
court costs and legal fees pertaining thereto).
The Assignors declare that they have not granted or promised any privileges on the Creations to a third
party, such as liens, pledges or similar encumbrances, or any competing right to those indicated above,
whether in the form of a licensing, distribution or outsourcing contract or contract undertaking, or in any
other way.
Moreover, the Assignors guarantee to the Organising Company that it has not and shall not proceed with
filing any patent or similar on the Creations.
Finally, the Assignors agree to abstain from making any use of the Creations in any way and by any means,
and from transferring, licensing or exploiting a creation similar to or comparable to the Creations.
Within the context of the guarantees made by the Assignors to the Organising Company, the Assignors
undertake to compensate the Organising Company at its first request for any expenses or harm that may
result from any claims or appeals pertaining to the said Creations.
6.3. Miscellaneous
If one or more of the participants in the Competition are inspired, in designing their Creations, by the
VEUVE CLICQUOT themes and/or models and/or designs for which the Organising Company possesses the
intellectual property rights:
the Organising Company may, at its sole discretion, have products developed by its own internal
departments or by third parties based on the themes and/or models and/or designs that inspired
the Creations and have such Creations adapted by its internal departments or by third parties,
the Organising Company shall retain full and entire ownership of the rights pertaining to these
themes and/or models and/or designs, and
the participants shall not be entitled to use, represent, reproduce or adapt, for any purposes
whatsoever or on any support, whether directly or indirectly, whether on their own behalf or for
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third parties, these themes and/or models and/or designs for which the Organising Company owns
the intellectual property rights or on those that are the subject of their Creations.
Article 7: RESERVATIONS
The Organising Company reserves the right to modify, extend or reduce this contest with prior
approval authorized by Caixa Economica Federal.
The Organising Company's liability may not be invoked and no compensation may be claimed in this
respect.
Article 8: RULES
The rules complying herewith in every respect have been filed with the Court Bailiffs SCP MASSON FOLTZ,
Matre Myriam MASSON, Huissier de Justice, 12 passage du Jard, 51200 EPERNAY, FRANCE.
The rules may be freely consulted by simple request made to :
SCP MASSON FOLTZ
Matre Myriam MASSON - Huissier de Justice
12 passage du Jard
51200 EPERNAY
FRANCE.
The Rules are also available for consultation on the Site.
The Rules may also be sent, by letter, to anyone requesting them in writing before the closing date of the
Competition, with the post office stamp proving the date that the request was sent, indicating the first and
last names and postal address of the person making the request, and sending the request to the Organizing
Company.
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The Participants will have the right of access, rectification and deletion of information concerning them and
may exercise this right by making a simple request to the Organising Company.
Article 11 - FRAUD
Any fraud, or attempted fraud, manifested by the beginnings of its execution and committed for the
purpose of unduly receiving a prize, shall be prosecuted in compliance with the applicable current law.
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Each participant shall refer to the Contest rules applicable in his/her Territory, available on the Sites page
dedicated to the Territory.
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